HB 13-SERVICE AREAS:VOTER APPROVAL/TAX ZONES  CHAIRMAN TORGERSON said that committee members are familiar with SB 75, which is basically the same as HB 13. He asked Representative Bunde to outline the differences. REPRESENTATIVE CON BUNDE, prime sponsor, said HB 13 is about smaller government, local control and privatization. The difference between HB 13 and SB 75 is that parks and recreation are included in SB 75. CHAIRMAN TORGERSON said he has a committee substitute (CS) to include parks and recreation service areas. REPRESENTATIVE BUNDE continued and said that HB 13 and SB 75 both deal with local control. Dissention arises in how you define local control, whether it is the voter or a governmental entity. The Eagle River Community Council, The Anchorage Municipal Assembly and individuals from some 200 road service areas support the bill. The legislation settles the debate about who is entitled to vote during the creation, alteration or abolishment of a service area. Number 411 SENATOR PHILLIPS said he has two concerns. First, is the lack of "parks and recreation". Then on page 2, lines 21 & 22 he said he would like to change "six percent" to "three percent" at the request of the Chugiak fire department. REPRESENTATIVE BUNDE said the six percent figure was selected because fire service areas with few homes would require elections much too frequently if the threshold is three percent. Other fire departments in the state have agreed on the six percent figure. CHAIRMAN TORGERSON didn't see justification for the smaller number. He called for a brief at ease. CHAIRMAN TORGERSON called the meeting back to order. He said the CS before the committee adds parks and recreation to the bill on lines 10, 16 and 8. SENATOR PHILLIPS moved committee substitute 22-LSO164\L, Cook 3/17/01 as the working document. There was no objection. SENATOR PHILLIPS moved deleting "six" and adding the word "three" on page 2, line 22. CHAIRMAN TORGERSON noted that there was objection. REPRESENTATIVE BUNDE said that other volunteer fire departments in the state have agreed on the six percent figure after much compromise. He asked that the word "six" remain unchanged. CHAIRMAN TORGERSON said he wasn't going to support the amendment that day but if good reasons were forthcoming, there was opportunity for a floor amendment. He called for a roll call vote. Senators Lincoln, Austerman and Chairman Torgerson voted nay and Senator Phillips voted yea. The amendment failed three to one. SENATOR PHILLIPS moved SCS CSSSHB 13(CRA) and zero fiscal note from committee with individual recommendations. SENATOR LINCOLN objected to say that there was question about the constitutionality of SB 75 and there were two conflicting opinions given. This could be the case with HB 13 as well. She then withdrew her objection. CHAIRMAN TORGERSON said those concerns have been heard previously. He isn't sure he shares the concern. CHAIRMAN TORGERSON asked for objections and there were none. The bill moved from committee.